Quizzes & Puzzles1 min ago
Bail again????
Well its that time of the month again my brother has to go to the police station. he has been out on bail nearly 3 times now and the police can not make a decide what to do so they every time his date comes along for hearing they delay it for further few weeks!! this has been going on for 4 months now. Mean while the whole family suffers - he suffers. our jobs suffer. while the coppers play this stupid game. he was arrested for harressing his ex girlfriend. what happens after 6 months??
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The Protection from Harassment Act 1997 provides two sections under which harassment prosecutions are usually brought.
Offences under the less serious section 2 (Conduct causing harassment) are �summary� offences and can only be dealt with at the magistrates court. As such there is an absolute time limit of 6 months (from the date of the alleged offence) for the prosecution to lay the information before the Court. After 6 months and the prosecution cannot go ahead.
An offence under the more serious Section 4 (conduct causing fear of violence) is what is known as an �either-way� offence. This means it can be passed to the Crown Court if the magistrates feel it is too serious for them to handle. There is no time limitation for either way offences.
Offences under the less serious section 2 (Conduct causing harassment) are �summary� offences and can only be dealt with at the magistrates court. As such there is an absolute time limit of 6 months (from the date of the alleged offence) for the prosecution to lay the information before the Court. After 6 months and the prosecution cannot go ahead.
An offence under the more serious Section 4 (conduct causing fear of violence) is what is known as an �either-way� offence. This means it can be passed to the Crown Court if the magistrates feel it is too serious for them to handle. There is no time limitation for either way offences.
reception,
Make sure the custody sgt rebails him by updating the custody record. It is very important that the custody sgt reviews the reasons for the delay in charging. If the investigation is completed then he will be bailed for CPS advice, if the invstigation is ongoing then the progress of that investigation must be proven to the sgt by the officers.
Ask your solicitor to insist on what is delaying charge.
hope this helps
LMan
Make sure the custody sgt rebails him by updating the custody record. It is very important that the custody sgt reviews the reasons for the delay in charging. If the investigation is completed then he will be bailed for CPS advice, if the invstigation is ongoing then the progress of that investigation must be proven to the sgt by the officers.
Ask your solicitor to insist on what is delaying charge.
hope this helps
LMan
thank you - he has been bailed again!! he was told that the CPS is not ready yet. it seems like it has already been 4 months and another 8 weeks this will be obselete. what a waste of tex payers money. when police should be dealing with real crminials not domestic affairs and the couple are just as bad as each other - in this case she burnt his arm and harressed her by calling her few names. Ha ha this is getting bit silly.
does his solicitor go with him everytime he goes? if not get him to go same thing happened to my brother and the solicitor demanded either the cps does something about it or he would take legal proceedings to make them throw the case out, within a week he had been to court and the whole thing was sorted
That makes sence his solicitor is saying that if she pushes it more the police will say what are you hideing? and may make things worse so she is not doing any thing. she wrote a letter last week but had no responce from the police. this is so bad that it has now got to a stage were we are all liveing day to day. in the hands of the police. too scared to ask them so we all keep suffering in silence.
thank youfor your answer
thank youfor your answer
I am not sure but he has been now bailed out 3 times - sadly our hands are tied we cant do any thing about this but sit and wait. this is now nealy 5 months.
Its quite worrying that the police who should have been huntling down gangs & drug dealers and murderers are persueing this young man who had domestic with his girlfriend! he has moved on no has a new girlfriend and the ex has a new boy friend. I know wrong does.nt make it right but he has served his time. he was 6 hours in the police cell in custody locked up without water and not knowing what will happen to him. he has learned his lesson.
Its quite worrying that the police who should have been huntling down gangs & drug dealers and murderers are persueing this young man who had domestic with his girlfriend! he has moved on no has a new girlfriend and the ex has a new boy friend. I know wrong does.nt make it right but he has served his time. he was 6 hours in the police cell in custody locked up without water and not knowing what will happen to him. he has learned his lesson.
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